16 U.S.C. § 1005 : US Code - Section 1005: Works of improvement

Search 16 U.S.C. § 1005 : US Code - Section 1005: Works of improvement

(1) Engineering and other services; reimbursement; advances
At such time as the Secretary and the interested local
organization have agreed on a plan for works of improvement, and
the Secretary has determined that the benefits exceed the costs,
and the local organization has met the requirements for
participation in carrying out the works of improvement as set forth
in section 1004 of this title, the local organization may secure
engineering and other services, including the design, preparation
of contracts and specifications, awarding of contracts, and
supervision of construction, in connection with such works of
improvement, by retaining or employing a professional engineer or
engineers satisfactory to the Secretary or may request the
Secretary to provide such services: Provided, That if the local
organization elects to employ a professional engineer or engineers,
the Secretary shall reimburse the local organization for the costs
of such engineering and other services secured by the local
organization as are properly chargeable to such works of
improvement in an amount not to exceed the amount agreed upon in
the plan for works of improvement or any modification thereof:
Provided further, That the Secretary may advance such amounts as
may be necessary to pay for such services, but such advances with
respect to any works of improvement shall not exceed 5 per centum
of the estimated installation cost of such works.
(2) Federal construction; request by local organization
Except as to the installation of works of improvement on Federal
lands, the Secretary shall not construct or enter into any contract
for the construction of any structure: Provided, That, if requested
to do so by the local organization, the Secretary may enter into
contracts for the construction of structures.
(3) Transmission of certain plans to Congress
Whenever the estimated Federal contribution to the construction
costs of works of improvement in the plan for any watershed or
subwatershed area shall exceed $5,000,000 or the works of
improvement include any structure having a total capacity in excess
of twenty-five hundred acre-feet, the Secretary shall transmit a
copy of the plan and the justification therefor to the Congress
through the President.
(4) Transmission of certain plans and recommendations to Congress
Any plans for works of improvement involving an estimated Federal
contribution to construction costs in excess of $5,000,000 or
including any structure having a total capacity in excess of twenty-
five hundred acre-feet (a) which includes works of improvement for
reclamation or irrigation, or which affects public or other lands
or wildlife under the jurisdiction of the Secretary of the
Interior, (b) which includes Federal assistance for goodwater (!1)
detention structures, (c) which includes features which may affect
the public health, or (d) which includes measures for control or
abatement of water pollution, shall be submitted to the Secretary
of the Interior, the Secretary of the Army, the Secretary of Health
and Human Services, or the Administrator of the Environmental
Protection Agency, respectively, for his views and recommendations
at least thirty days prior to transmission of the plan to the
Congress through the President. The views and recommendations of
the Secretary of the Interior, the Secretary of the Army, the
Secretary of Health and Human Services, and the Administrator of
the Environmental Protection Agency, if received by the Secretary
prior to the expiration of the above thirty-day period, shall
accompany the plan transmitted by the Secretary to the Congress
through the President.
(5) Rules and regulations
Prior to any Federal participation in the works of improvement
under this chapter, the President shall issue such rules and
regulations as he deems necessary or desirable to carry out the
purposes of this chapter, and to assure the coordination of the
work authorized under this chapter and related work of other
agencies, including the Department of the Interior and the
Department of the Army.